The Office of the Director of Public Prosecutions (ODPP) in Kenya serves as the National Prosecuting Authority. Established by the Constitution of Kenya, it operates independently of the Office of the Attorney General, granting it the power to execute the State’s prosecution authority in criminal matters. The ODPP is led by the Director of Public Prosecutions (DPP), who is nominated by the President and must receive approval from the National Assembly.
Role of the Director of DPP
The DPP’s primary responsibility is outlined in Article 157 of the Kenyan Constitution. The ODPP is tasked with the prosecution of criminal cases and related activities through four key departments, each headed by a Deputy Director:
- Offences Against the Person: This department focuses on crimes that directly harm individuals, such as assault and homicide.
- Economic, International & Emerging Crimes: This unit handles cases related to financial crimes, international offenses, and newer types of crime that may not fit traditional categories.
- County Affairs & Regulatory Prosecutions: This department deals with issues arising from county laws and regulatory matters.
- Central Facilitation Services: This unit provides logistical and administrative support to the ODPP’s various operations.
The DPP is responsible for prosecuting individuals charged by the police and other investigative bodies, ensuring the protection and promotion of human and constitutional rights throughout the legal process.
Additional Functions
In addition to prosecuting cases, the DPP has several important functions:
- Initiate and pursue criminal proceedings against individuals in any court of law, except court-martials.
- Take over ongoing criminal proceedings initiated by other parties or authorities.
- Discontinue criminal proceedings before a judgment is reached.
- Direct the Inspector-General of the National Police Service to investigate reports of criminal activity.
- Balance public interest with the need for justice and prevention of legal abuse.
- Conduct public prosecutions of cases referred by various investigative agencies, including the Police, Ethics and Anti-Corruption Commission, and others.
- Represent the State in criminal cases, applications, and appeals.
- Provide legal advice to government ministries and state corporations on criminal law matters.
- Promote the National Prosecution Policy (NPP) and the Code of Conduct for Prosecutors.
- Oversee the training and appointment of public prosecutors within statutory corporations.
- Address questions and complaints from Parliament, the public, and other organizations.
- Perform administrative tasks to ensure the effective administration of criminal law in Kenya.
List of DPPs in Kenya
- Keriako Tobiko
- Took Office: 2011
- Left Office: 2018
- Appointed by: Mwai Kibaki
- Nurdin Hajji
- Took Office: 2018
- Left Office: 2023
- Appointed by: Uhuru Kenyatta
- Renson M. Ingonga
- Took Office: 2023
- Left Office: Incumbent
- Appointed by: William Ruto
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